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Employment
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March 13, 2026
Employment Authority: Inside UPenn's Fight With The EEOC
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on why experts think the University of Pennsylvania may face an uphill battle fighting the U.S. Equal Employment Opportunity Commission's request for information on Jewish staff and why a recent Sixth Circuit ruling challenges the National Labor Relations Board's 2023 Cemex decision.
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March 13, 2026
Ky. Farm Says DOL Must Bring H-2A Case In Federal Court
A small Kentucky tobacco farm has sued the U.S. Department of Labor, claiming its in-house adjudication system for violations of the H-2A temporary farmworker visa program is unconstitutional because the agency serves as the prosecutor, judge and jury.
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March 13, 2026
'Swinging Dicks' Dissent Stirs Uproar Across 9th Circ. Bench
A raunchy dissent in litigation over transgender spa patrons prompted dozens of Ninth Circuit judges to denounce the "vulgar barroom talk" of a colleague, who returned fire by ridiculing his peers for adopting the "fastidious sensibilities of a Victorian nun."
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March 13, 2026
Alaska Airlines Pilot's Military Leave Benefits Suit Trimmed
A Seattle federal judge has narrowed a pilot's class action accusing Alaska Airlines of denying employees sick leave and vacation accrual during military leave, while recognizing in the same Thursday order that a "reasonable jury" could find service members are entitled to certain benefits during absences spanning one to two months.
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March 13, 2026
4th Circ. Brings Back Allergan Medicaid Overcharging Suit
A split Fourth Circuit panel on Friday revived a whistleblower suit accusing an Allergan Sales LLC predecessor of overcharging Medicaid by more than $680 million, saying the whistleblower plausibly alleged the company knowingly improperly aggregated discounts into "best prices" for drugs.
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March 13, 2026
American Cruise Lines Sues To Block Duty In Worker Crash
American Cruise Lines sued an ex-deckhand involved in an alcohol-related car crash that occurred on shore just after her five-and-half-week stint on the ship was complete, arguing that it's not obligated to cover her costs under maritime law because she violated the company's zero-tolerance drug and alcohol policy.
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March 13, 2026
Attys, Chamber Group Propose Disclosure Of Litigation Funders
Lawyers for Civil Justice and the U.S. Chamber of Commerce Institute for Legal Reform have suggested an amendment to the Federal Rules of Civil Procedure that would require disclosing when third parties are funding civil litigation.
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March 13, 2026
Labor Board Accuses UFCW Unit Of Fining Nonmembers
National Labor Relations Board prosecutors have accused a United Food and Commercial Workers local of violating federal labor law by fining two King Soopers workers who quit the union and returned to work during a strike last year.
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March 13, 2026
H-2A Workers Reach $305K Deal In Wage Dispute With Farm
Lee and Sons Farms told a North Carolina federal court it has agreed to pay $305,000 to settle claims from migrant H-2A workers who accused it of underpaying them and forcing them to buy inadequate meals.
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March 13, 2026
Insurers Say Prairie Farms' Policies Don't Cover $191M Verdict
Berkeley National Insurance Co. and a Sompo International unit told an Illinois federal judge that excess liability policies they issued to Prairie Farms do not cover a $191.5 million punitive damages award the dairy giant must pay to the family of a man who died while transporting dry ice for one of its subsidiaries.
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March 13, 2026
Staffing Co. Wants Pa. Court To Rethink OT Exemption Ruling
A Pennsylvania federal court relied on the wrong standards when it ruled that TEKsystems Inc. recruiters did not perform administrative work that was overtime-exempt under the Fair Labor Standards Act, the staffing company said, adding that the court incorrectly shifted the burden of proof of overtime ineligibility to the company.
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March 13, 2026
CTA, Ex-Worker Settle Vaccine Bias Dispute Before Retrial
The Chicago Transit Authority and a former employee who beat the public transit agency in a COVID-19 vaccine bias trial have reached a settlement in principle they expect will call off a redo an Illinois federal judge ordered last year, according to court records.
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March 13, 2026
CSX Can't Get Quick Appeal In Fired Worker's FMLA Suit
CSX can't immediately ask the Eleventh Circuit to take up a former employee's lawsuit claiming he was unlawfully fired for taking medical leave, a Florida federal judge ruled, saying the district court's conclusion that the worker hadn't waited too long to file suit wasn't eligible for a mid-case appeal.
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March 13, 2026
HR Services Co. Fired Exec Over Medical Leave, Court Told
A human resources outsourcing company fired an executive just three days after learning he had applied for Colorado medical leave while he was still recovering from sepsis that led to kidney and lung failure, according to a complaint filed in state court.
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March 13, 2026
Union Sues Feds For Revoking Immigrant Worker Access
The Service Employees International Union and four Boston airport workers accused the Trump administration in a lawsuit on Friday of upending immigrant workers' livelihoods by unlawfully revoking security credentials that allowed them to work inside international airport terminals.
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March 13, 2026
Reed Smith Is Ignoring Expanded Back Pay Window, Atty Says
A former Reed Smith LLP attorney who claimed she was unlawfully underpaid told a New Jersey state court on Friday that the firm's bid to limit the window of time for which she's seeking damages is an attempt to roll the case back in time.
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March 13, 2026
Shipbuilders Oppose New Plaintiff For Wage Suppression Suit
Some of the country's biggest shipbuilders accused of conspiring to suppress naval architect and engineer wages told a Virginia federal judge a proposed class waited too long to add a new named plaintiff who worked in the industry more recently.
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March 13, 2026
J&J Unit Says Ex-Director Misappropriated Trade Secrets
A Johnson & Johnson subsidiary has accused a former associate director of downloading over 7,000 files worth of confidential information prior to her resignation and using it to start her own competing company.
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March 13, 2026
UK Litigation Roundup: Here's What You Missed In London
In London, Estée Lauder accused Jo Malone's founder of intellectual property infringement, the wife of an Iranian businessman linked to a £75 million fraud sued several Iranian oil companies, HSBC sued U.S. property tycoon Michael Fuchs, and Charles Russell Speechlys brought a claim against a United Arab Emirates company it once represented in an international arbitration.
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March 13, 2026
Baldoni Atty Avoids Sanctions For Blake Lively Comments
A lawyer for Justin Baldoni will not face sanctions for public comments critical of Blake Lively because they came long enough ago that they are unlikely to influence the feuding Hollywood stars' upcoming trial, a Manhattan federal judge held Friday.
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March 13, 2026
How World Aquatics Lost An Antitrust Case, But Owed Only $1
World Aquatics, swimming's international governing body, faced a $40 million damages claim from an upstart swimming league that could have been tripled under U.S. antitrust law, but ended up largely off the hook after a nominal $1 January jury verdict.
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March 13, 2026
Driver Seeks Contempt Order For Trucking Co. In Wage Suit
A trucking company has refused to provide an updated class list or confirm a proposed notice in a driver misclassification lawsuit, a former employee said in his bid to hold the company in contempt filed in Illinois federal court.
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March 13, 2026
Shipping Co. To Reclassify Drivers In $7M Settlement With NJ
A shipping company agreed to pay $7 million and reclassify its delivery drivers as employees to resolve findings that it improperly treated more than 1,000 drivers as independent contractors, the New Jersey attorney general's office said.
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March 12, 2026
DreamWorks, NBCUniversal Hit With Bias Suit By Trans Editor
NBCUniversal and DreamWorks were hit with a civil suit in California state court by a queer trans man hired as a first assistant editor for the animated film "Bad Guys 2" who alleges they were subjected to transphobic behavior by a direct supervisor who forcibly outed, deadnamed and misgendered them.
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March 12, 2026
Ex-Dealer's Retaliation Suit Against Harrah's NC Revived
The Fourth Circuit on Thursday revived employment retaliation claims against Harrah's and Caesars Entertainment by a former table games dealer, finding the lower court abused its discretion by making "speculative assertions" about the need to add as a defendant a related tribal gaming enterprise.
Expert Analysis
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How Mamdani Will Shift NYC Employment Law Enforcement
Under Mayor Zohran Mamdani, the New York City labor law regime is poised to become more coordinated, less forgiving and more willing to test gray areas in favor of workers, with wage and hour practices, pay equity and contractor relationships among likely areas of enforcement focus, says Scott Green at Goldberg Segalla.
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Series
Judges On AI: How Courts Can Boost Access To Justice
Arizona Court of Appeals Judge Samuel A. Thumma writes that generative artificial intelligence tools offer a profound opportunity to enhance access to justice and engender public confidence in courts’ use of technology, and judges can seize this opportunity in five key ways.
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Opinion
DHS' Parole Termination Violates APA And Due Process
The U.S. Department of Homeland Security’s abrupt termination of family reunification parole programs violates both the Administrative Procedure Act and the due process rights of vetted beneficiaries who relied on the government's explicit invitation to wait in the U.S. for an immigrant visa to become available, says Abdoul Konare at Konare Law.
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Examining Privilege In Dual-Purpose Workplace Investigations
The Sixth Circuit's recent holding in FirstEnergy's bribery probe ruling that attorney-client privilege applied to a dual-purpose workplace investigation because its primary purpose was obtaining legal advice highlights the uncertainty companies face as federal circuit courts remain split on the appropriate test, say attorneys at Proskauer.
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Opinion
The Case For Emulating, Not Dividing, The Ninth Circuit
Champions for improved judicial administration should reject the unfounded criticisms driving recent Senate proposals to divide the Ninth Circuit and instead seek to replicate the court's unique strengths and successes, says Ninth Circuit Judge J. Clifford Wallace.
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4 Ways 2026 Will Shift Corporate Compliance And Ethics
As we begin 2026, ethics and compliance functions are being reshaped by forces that go far beyond traditional regulatory risk, and there are key trends that will define the landscape, with success defined less by activity and volume, and more by impact, judgment and credibility, says Hui Chen at CDE Advisors.
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How 11th Circ.'s Zafirov Decision Could Upend Qui Tam Cases
Oral argument before the Eleventh Circuit last month in U.S. ex rel. Zafirov v. Florida Medical Associates suggests that the court may affirm a lower court's opinion that the qui tam provisions of the False Claims Act are unconstitutional — which could wreak havoc on pending and future qui tam cases, say attorneys at Morgan Lewis.
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Series
Muay Thai Makes Me A Better Lawyer
Muay Thai kickboxing has taught me that in order to win, one must stick to one's game plan and adapt under pressure, just as when facing challenges by opposing counsel or judges, says Mark Schork at Feldman Shepherd.
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Series
Law School's Missed Lessons: Intentional Career-Building
A successful legal career is built through intention: understanding expectations, assessing strengths honestly and proactively seeking opportunities to grow and cultivating relationships that support your development, say Erika Drous and Hillary Mann at Morrison Foerster.
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Navigating Workplace AI When Federal, State Policies Clash
Two recent federal bills and various state laws concerning employers' artificial intelligence use may clash with an executive order calling for minimal regulation, so employers should proactively monitor their AI usage and stay apprised of legislative updates while awaiting further direction from the federal government, say attorneys at Foley & Lardner.
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Justices' Separation-Of-Powers Revamp May Hit States Next
The U.S. Supreme Court's 2024 decision in U.S. Securities and Exchange Commission v. Jarkesy quietly laid the groundwork for an expansion of the court's separation-of-powers agenda beyond the federal level, but regulated parties and state and local governments alike can act now to anticipate Jarkesy's eventual wider application, say attorneys at Troutman.
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Preparing For Congressional Investigations In A Midterm Year
2026 will be a consequential year for congressional oversight as the upcoming midterm elections may yield bolder investigations and more aggressive state attorneys general coalitions, so companies should consider adopting risk management measures to get ahead of potential changes, say attorneys at Morgan Lewis.
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Employment Immigration Trends And Challenges For 2026
U.S. companies competing for global talent should brace for a turbulent 2026, with greater compliance burdens, higher costs and the probability of workforce disruptions at every stage of the immigration process, from visa petitions to work authorization renewals, say attorneys at Duane Morris.
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Top 5 Antitrust Issues For In-House Counsel To Watch In 2026
With Trump administration enforcement policy having largely taken shape last year, antitrust issues that in-house counsel should have on the radar range from scrutiny of technology-assisted pricing to the return of merger remedies, say attorneys at Squire Patton.
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4 Developments That Defined The 2025 Ethics Landscape
The legal profession spent 2025 at the edge of its ethical comfort zone as courts, firms and regulators confronted how fast-moving technologies and new business models collide with long-standing professional duties, signaling that the profession is entering a period of sustained disruption that will continue into 2026, says Hilary Gerzhoy at HWG Law.